Injury to Children FAQ
- If a child is injured through anothers negligence, can he or she bring a claim?
- What should I do if my child is injured?
- Is it always necessary to file a lawsuit to bring a claim for a childs injury?
- Will my child be traumatized if I have to bring a lawsuit on his or her behalf?
- Is the Statute of Limitations different for children than it is for adults in Minnesota?
- My child was seriously injured when a weld on her bicycle broke. How should I choose my childs attorney?
- What if my child dies due to the fault of another? Can I bring a claim?
- Which damages are recoverable in a child injury case?
- How soon should I contact an attorney if my child has been seriously injured in an accident?
Questions & Answers
If a child is injured through anothers negligence, can he or she bring a claim?
Yes. Children have all the same rights to be compensated for injuries that adults have except that in some cases claims for medical bills before the child turns 18 belong to the parent. However, if a child is injured in a car crash, by a defective product, as a result of medical malpractice or because of an unsafe condition of a building, they are entitled to recover for pain, suffering, loss of past and future earnings, and future medical expense, just as an adult is.
What should I do if my child is injured?
The first and most important thing is obtaining proper medical care. Once the child’s injuries are being professionally addressed, if there is a belief that the injury was the fault of someone else, or because of a defective product or unsafe condition of property, immediate investigation should begin. This is most often undertaken by skilled investigators and experts in consultation with skilled personal injury legal counsel. Often evidence that is crucial to proving fault for an injury can be easily and quickly lost. It is very important to preserve all possible evidence, and to obtain photographs.
Is it always necessary to file a lawsuit to bring a claim for a childs injury?
No. Most cases involving injury to children can be settled without the necessity of a lawsuit.
Will my child be traumatized if I have to bring a lawsuit on his or her behalf?
Is the Statute of Limitations different for children than it is for adults in Minnesota?
Yes. Children in many cases (one significant exception is medical malpractice) are allowed six years or until their 19th birthday, whichever is later, to bring a claim. Shorter Statutes of Limitation may apply to a parent’s claim for medical bills. In the event of a claim for wrongful death for children, the Statute of Limitations is generally three years, although shorter time limits may apply. Since the applicable Statute of Limitations can be very fact specific, you should consult an attorney as soon as possible after an injury or death.
My child was seriously injured when a weld on her bicycle broke. How should I choose my childs attorney?
Products liability claims such as this are complex and require a skilled attorney who can locate a competent expert to examine the bicycle or any other product and determine why it has failed. Anyone seeking to hire counsel for a products liability case, including one involving a child, should determine the attorney’s ratings, as well as their experience in handling products liability claims. The law firm of Schwebel, Goetz & Sieben has the highest possible rating by the Martindale-Hubbell service, and we have handled thousands of products liability claims.
What if my child dies due to the fault of another? Can I bring a claim?
Yes. Parents, grandparents and brothers and sisters have a claim for their loss of the enjoyment of life with the child who has died. Schwebel, Goetz & Sieben has handled many such tragic cases for families aggrieved at the loss of a child as a result of car crashes, products liability, and medical malpractice.
Which damages are recoverable in a child injury case?
Like the claim for any adult, damages recoverable include medical bills in the past and future medical bills, loss of earnings and any impairment of future earning capacity, as well as past and future pain and suffering.
How soon should I contact an attorney if my child has been seriously injured in an accident?
The sooner, the better. Prompt investigation and preservation of evidence is key to many injury claims. The sooner that photographs can be taken, the scene can be investigated, and the instrumentalities of the injury are examined, the more likely it is that a valid claim can be brought.
The attorneys at Schwebel, Goetz & Sieben, P.A. have experience representing children injured in an accidents. We understand the trauma and life-changing effects that serious injuries can have on both the victim and victim’s family. It is important to know your legal rights if you, or someone you care about, have been injured in an accident.
For over 35 years, Schwebel, Goetz & Sieben, P.A. has represented more than 30,000 people who have been injured in all types of accidents including children who have been injured in accidents. In addition our legal team has answered over 300,000 injury-related legal questions. When a child is injured in an accident occurs and legal help is needed, experience counts.